Al-Adsani v United Kingdom
Granting state immunity to Kuwait in a civil claim for torture did not breach the right of access to a court, because it reflected generally recognised rules of international law.
Facts
Mr Al-Adsani, a dual British and Kuwaiti national, claimed that he had been tortured in Kuwait by a member of the Kuwaiti ruling family and by state officials. He brought a civil claim in England against the Government of Kuwait and the individuals responsible. The English courts held that Kuwait was entitled to state immunity under the State Immunity Act 1978. He complained that this breached his right of access to a court under article 6 of the European Convention.
Legal principle
The Grand Chamber held, by nine votes to eight, that there had been no violation of article 6. The court said that the grant of sovereign immunity to a state in civil proceedings pursues the legitimate aim of complying with international law to promote comity and good relations between states, and that measures which reflect generally recognised rules of public international law on state immunity cannot in principle be regarded as imposing a disproportionate restriction on the right of access to a court. Although the prohibition of torture had achieved the status of jus cogens, the court was unable to discern any firm basis for concluding that states no longer enjoyed immunity from civil suit in respect of alleged torture committed outside the forum state.
Related cases on jurisdiction and immunities
- Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium) (2002) ICJ Reports 3
- Attorney General of Israel v Eichmann (1962) 36 ILR 277
- Belhaj v Straw [2017] UKSC 3, [2017] AC 964
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- I Congreso del Partido [1983] 1 AC 244
- Jones v Ministry of Interior of the Kingdom of Saudi Arabia [2006] UKHL 26, [2007] 1 AC 270
- Jurisdictional Immunities of the State (Germany v Italy: Greece intervening) (2012) ICJ Reports 99
- R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 2) [2000] 1 AC 119
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